ACTION IN CLAIM – MEANS OF PROTECTION OF THE SUCCESSORS OF THE OWNER
ACTION IN CLAIM – MEANS OF PROTECTION OF THE SUCCESSORS OF THE OWNER

Summary/Abstract: Over the irreversible passage of time, the human being has been in a continuous process of knowing the rules of conduct regarding the application of civil law. In this study, we will focus on the importance of the possibility offered to the holder of a real right to bring before the courts an action to regain his right. The fundamental law of the country governs that the right to property is guaranteed, private property being guaranteed and protected in the same way to whoever owns it. The action in the claim is a real action, because it is based on the very right of ownership of the claimed property. Its importance is evident due to its Regulation both in the old Civil Code and in the current Civil Code. Thus, on the basis of the general principles of civil law and of certain regulations preserved by the old Civil Code relating to movable and immovable property, what we call action for claim has been consecrated. In the literature1, action in claim is the action of the non-possessor against the non-owner.

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